[2025] FWC 2289
At a glance
- 1
What happened
the Applicant sought to extend the time to file a claim alleging unfair dismissal against his former employer, Electra Lift Co. His employment ended in October 2022, and he filed his application almost two and a half years later. Electra Lift Co. argued the Applicant resigned and opposed the extension. the Applicant attributed the delay to a lack of awareness of his workplace rights and concerns about potential retribution. He also admitted to using ChatGPT to prepare his application, which contained inaccurate legal advice.
What was decided
The Fair Work Commission refused to extend the time for the Applicant to file his application. The Deputy President found the delay of 919 days was excessive and the Applicant's reliance on ChatGPT did not constitute exceptional circumstances. The Commission considered the prejudice to the Respondent and the merits of the claim, which were deemed unmeritorious. The application was dismissed.
What it means for employers
Employers should be aware that significant delays in lodging claims can be detrimental to their ability to defend against them. It is important to maintain records and be prepared to respond to claims, even if they are filed long after the events in question. The case highlights the risks of relying on unverified information, even from AI tools, when making legal decisions.
What it means for employees
Employees must adhere to strict time limits when filing claims with the Fair Work Commission. Ignorance of these time limits is not a valid reason for delay. Employees should seek professional legal advice rather than relying on artificial intelligence for legal guidance.
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